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(영문) 서울중앙지방법원 2013.05.28 2011고단6992

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant completed the study life of the victim C, elementary school, middle school, and school building, and the victim returned home on around 2006 and received communication with the victim and received money from the victim during the process of leaving Korea.

1. Around the end of March 2008, the Defendant made a false statement that “The Defendant would give the victim an opportunity to receive 4% interest on the credit business at the instant coffee shop in Gangnam-gu Seoul, Gangnam-gu, Seoul. It is the case where “The Defendant would have been able to receive 4% interest on the monthly interest on the credit business. I will make an investment in money because I will be responsible and pay interest.”

However, in fact, the Defendant did not have any intention or ability to pay 4% of the monthly interest every month even if he received the money from the victim because there was a large amount of money to be paid for vehicle leasing expenses, family living expenses, and education expenses in a foreign country, in addition to 70 million won of the deposit for the lease on a deposit basis at the time.

On April 1, 2008, the Defendant received 20 million won from the victim to the new bank account under the name of the Defendant on April 1, 2008, and 40 million won from May 30, 2008 to the new bank account under the name of the Defendant’s wife.

2. On June 2008, the Defendant made a false statement to the victim at the mutual infinite coffee shop located in the Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Self-Governing Party”) stating that “The Defendant may pay more than the bond interest than the bond interest. No monthly payment is made, but more than six months and more than ten times the principal may be paid.

However, in fact, the Defendant did not work to make such profit as at the time, and there was a lot of money to be paid for vehicle leasing expenses, family living expenses in a foreign country, and education expenses, even if he received money from the victim, there was no intention or ability to pay 10 times the amount from 5 times the principal even if he received money from the victim.

The defendant.